D&C GLug - Home Page

[ Date Index ] [ Thread Index ] [ <= Previous by date / thread ] [ Next by date / thread => ]

Re: [LUG] Dansguardian was GPL/antitrust

 

On Tue, 28 Nov 2006 19:55:18 +0000
"Ben Goodger" <goodgerster@xxxxxxxxx> wrote:

> On the dansguardian website it says that dansguardian is GPL licensed for
> personal use, but downloading it from the website for any sort of commercial
> purpose is prohibited.

Restricted, not prohibited - a single download from the website is
fine. It's only upgrades that require a commercial download licence.
Full releases will make their way into Debian and elsewhere as normal.

As the guy says, he's had it checked with RMS and I can see why RMS
agreed - it is similar to the method that RMS himself used in the
development of emacs: Develop extensions and upgrades on a commercial
basis and fold those into the main GPL release in due course.
Commercial users get their features implemented on their timetable, GPL
users get stable code after the commercial user has paid to have the
bugs removed from the newer features!

It's quite cool, really.

MANY free software projects get *VERY NARKED* when free software
distributions try to snatch updates to packages between releases - the
whole point is that developers have access to CVS/SVN and developers
decide when that code is ready for the masses. Distributions
maintainers should *not* take it upon themselves to think "it's been N
months/years since the last release and there's a feature in CVS/SVN
that is really cool, we'll package an interim release". *IF* upstream
make snapshots available, that's fine - if not, distributions and users
simply have to wait for the upstream release. One example of this was
Fedora's behaviour towards pilot-link - it got to the point that
pilot-link took down anonymous CVS access to prevent non-developers
from seeing the development code. Remember: code on private CVS/SVN has
not been released, not been distributed - the modifications do not have
to be public until such time as the code is distributed.

The GPL comes into force upon distribution, not CVS/SVN commit.

What DG is doing is similar, just that he wants to be paid for the
interim development before the entire, stable, codebase gets a full
release.

> Am I correct in thinking that either this is a violation of the GPL and that
> I need not pay commercially, or the Debian packages are purely GPL licensed
> and I need not pay?

The Debian packages (and RedHat etc.) are specifically covered later in
the same page and are specifically excluded from the definition of
commercial use.

He is entitled, as Simon noted, to distribute as he sees fit - the GPL
still applies so a commercial organisation can download it then
redistribute it. i.e. the end result of the page is not what it appears.

The very end of the page is clearer:

So, if Debian puts DG on their website, they have to restrict downloads
to non commercial users, right?
No, not right. Once you have a copy of a GPL app, no one can put any
(non-GPL) restrictions on it - not even me the author. I can ask people
to pay for downloading DG, but once its left this site it is under the
GPL which means it is free (as in freedom) and free (as in beer -
provided they want to give it away for free). GPL means GPL which means
no restrictions can be imposed on redistribution so the Debian would
treat it as any other GPL app. Of course, should a commercial user want
to upgrade his copy of DG he got with Debian by downloading from my
site, he would have to pay unless he waited for Debian to release their
version. But I am unsure of how a commercial user could sleep at night
making illegal downloads from my site and profiting from my years work.

> If so, this guy has a screw loose

No, he's fine. He's just trying to make a living.

> - who the hell uses software downloaded
> from the project website as opposed to the repos?

(Someone not running GNU/Linux.)

--


Neil Williams
=============
http://www.data-freedom.org/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/

Attachment: pgpSwhAmTMNYb.pgp
Description: PGP signature

-- 
The Mailing List for the Devon & Cornwall LUG
http://mailman.dclug.org.uk/listinfo/list
FAQ: http://www.dcglug.org.uk/linux_adm/list-faq.html